HomeMy WebLinkAbout2017-176-E Arts - The ArtsCenter for Title 1 Arts in Education Program DocuSign Envelope ID:EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
[Departmental Use Only]
TITLE OCAC/The ArtsCenter
FY 17-18
ORANGE COUNTY
CONTRACT UNDER $15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 20 day of April, 2017, ("Effective Date")by and
between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
"County"),party of the first part; and The ArtsCenter(the "Provider"),party of the second part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement, time being of the essence:
The services and/or materials (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: See Exhibit A, "TAC Title 1 Artist in Residence Proposal" dated
February 9, 2017,which attached and hereby incorporated in this document by reference.
The term of this agreement rendered shall be from July 1, 2017 to June 30, 2018.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
1. Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed five
thousand, ($5,000.00). Provider shall be paid in two equal installments in the amount of$2,500.00. The first
payment is contingent upon receipt of the Agreement; the remaining payment is contingent upon completion
of the services described in Exhibit A. Should Provider fail to perfoiin its duties under the terms of this
Agreement, County may, without fault or penalty, withhold any payment associated with the work to be
performed until such time as said work is completed.
2. Non—waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor
shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of
this Non-Waiver Clause.
3. Independent Contractor: The Provider shall operate as an independent contractor and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may
be required by County's Risk Manager as such insurance requirements are described in the Orange County
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DocuSign Envelope ID:EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk
Manager determines additional insurance coverage is required such additional insurance shall consist of N/A
(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work
until such insurance is in effect and certification thereof has been received by the County's Risk Manager.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed
pursuant to this Agreement on the part of the Provider.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon
reasonable notice to the Provider.
7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be
bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the
Agreement between the parties unless and until modified in writing and signed by the parties. This
Agreement together with any amendments or modifications may be executed electronically. All electronic
signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of
the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66.
8. Priority: In determining the basic services to be provided, should any documents be
referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws,
policies,rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living
Wage Policy (each policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this Agreement without
further obligation on the part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and
shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By
executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the
services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58.
10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with
respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in
the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the
parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding
arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of County's
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DocuSign Envelope ID:EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID:EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of
the day first written above.
ORANGE COUNTY PROVIDER
DocuSigned by: DocuSigned by:
By 5otAA t,lt, hvoit- SLU1 By PaIA,id ' ""1le
:,a der Title. Ecogo vieveBDi rector
200 S. Cameron St.
P.O. Box 8181
Hillsborough,NC 27278
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DocuSign Envelope ID: EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
The ArtsCenter
HIV Always Inspiring.
Nlnp
Katie Murray February 9, 2017
Orange County Arts Commission
200 S Cameron St
Hillsborough,NC 27278
(919)245-2335
Ms. Murray:
The ArtsCenter provides youth educational and arts activities that reach approximately 30,000 children
primarily from Orange County. The ArtsCenter's Youth Education department includes School Shows,Artist-
In-Residence residencies, summer ArtsCamps,Afterschool Arts Immersion, and Youth Arts Classes. The
ArtsCenter has provided artistically excellent, age-appropriate, and accessible arts performance experiences to
Triangle youth and families since 1982.
Currently our Artist in Residence(AIR)program reaches 1,200 students in the Orange County School system
and serves 3 Orange Co. Title 1 elementary schools, all of which have underserved, ethnically-diverse, and
low-income populations.The Title 1 Schools served include the following: Central Elementary(70% of
students receive free/reduced lunch),New Hope Elementary(58%free/reduced lunch),and Efland-Cheeks
Elementary, (59%free/reduced lunch).
Artists in Residence(AIR): During the school day, AIR offers 5 day residencies that use the arts to teach
curriculum. This program incorporates arts integration into the environment of the whole school.The
residencies tailor instruction more effectively to students' varied learning styles,allowing them to make strides
academically and as individuals. In the 2016-2017 school year,The ArtsCenter is implementing 18 residencies
in pre-kindergarten through fifth grades(including, residencies with a visual art, drama/theater,dance, or
music focus). If given$5,000 in support from the Orange County Arts Commission,then during the 17-
18 school year,we can add Orange County's newest Title 1 elementary school,Grady Brown,and serve
their additional 450+students with 6 new onsite residencies.The Grady Brown Student body is 57.2%
White, 25.6%Latino/a, 14.8% Black, 0.2%Asian,and 0.2%Native American;(50.4%free/reduced lunch).
The Orange County School's Title 1 Schools'Coordinator has requested this addition to our AIR program.
When students learn through arts integration,they are engaged in experiences in which they actively build
and demonstrate their understanding of both the art form and the other curriculum area. During a successful
AIR residency, ceramics artist Jason Abide worked with 3rd graders at Central Elementary where the students
created a series of clay tiles illustrating the life cycle of plants that they had learned in science class. The tiles
then became a mosaic that Abide installed in a public area of the school. Following a Jackie Robinson School
Show performance,teaching artist Virginia Queen Danforth taught New Hope Elementary 5th graders studying
NC history the 4 P's of performance culminating in a student-written reenactment of the Greensboro lunch
counter demonstration for their peers. After-residency testing demonstrates that our AIR students gain an 86%
proficiency in the content covered through their residency.
AIR Coordinator,Virginia Queen Danford,has been an actor and teaching artist for more than two decades;
Danford has managed similar school residency programs in NY and NC. Danford received her BFA in Acting
from West Virginia University and her MFA from Pennsylvania State University.One third of our AIR
residencies are taught by artists of color who comprise 28.5%of our AIR teaching roster. I have attached a
budget for Grady Brown Elementary School residencies for school year 2017-18.
Thank you for your consideration,
1
1,1 e TomkoviLk;"I cvcl pmcllt Director
300-G East Main Street I Carrboro,NC 27510 I P 919.929.2787 I F 919.969.8574 I www.artscenterlive.org
DocuSign Envelope ID:EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
Artist In Residence budget FY17-18 for Grady Brown Elementary School
INCOME
Nicholson Foundation $9,789
Grable Foundation $5,000
OCAC Funding --This request $5,000
Total $19 '189
School
Show
EXPENSE TA Fees Supplies Tickets Total
Focus School Program Additional School
Grady Brown (Tenative)
Kindergarten 3 $1,125 $150 $665 $1,940
First Grade 4 $1,500 $150 $840 $2,490
Second Grade 3 $1,125 $150 $665 $1,940
Third Grade 4 $1,500 $150 $840 $2,490
Fourth Grade 3 $1,125 $150 $665 $1,940
Fifth Grade 3 $1,125 $150 $665 $1,940
Professional Development Workshops (1) $200 $50 $250
$7,500 $900 $4,340 $12,990
Administrative Costs $4,000
Subtotal Expenses $17,990
Overhead Expenses $1,799
"Total $19,789
$0
DocuSign Envelope ID:EE97D2C6-D5D7-4842-B1EB-7CBF63BE906D
ORANGE COUNTY
AMENDMENT TO SERVICES AGREEMENT
NORTH CAROLINA
THIS AMENDMENT, made and entered into this the 10 day of May, 2017, by and between the County of
Orange, a body politic and corporate of the State of North Carolina, ("County"), and The ArtsCenter("Provider");
WITNESSETH:
WHEREAS,the County and Provider entered into a Services Agreement dated, April 20, 2017, to provide services
to be rendered by Provider to County("Original Agreement"); and
WHEREAS, the County and Provider desire to amend the Original Agreement, while keeping in effect all terms
and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties
agree to amend the Original Agreement as follows:
L Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in
accord with this Agreement. The amount to be paid by the County shall not exceed five thousand,
($5,000.00). Payment shall be made in one lump sum in the amount of $5,000.00. The Payment is
contingent upon receipt of the Agreement. Should Provider fail to perform its duties under the terms of
this Agreement, County may, without fault or penalty, withhold any payment associated with the work
to be performed until such time as said work is completed.
Except for the changes made to Paragraph 1. Payment herein, the Original Agreement shall remain in full force and
effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the
Original Agreement and this Amendment,this Amendment shall control.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Amendment, effective this
the 10 day of May, 2017.
FOR: ORANGE COUNTY Doc �gned y 1R PROVIDER:
DocuSigned by:
By: �jOVLIA , tkeVAAwtt,V'SLU1 By: 6"1-(1 Alt4TAe
o El nager 50CA36291A6Mvlder
Revised December 2016